Los Angeles daily herald., 1887-12-11
The City Election again.

First-The Common Council is com
PEELED to receive and count the votes.
There is no discretion in the matter.
On this point the Court OF Appeals
of the StIte OF New York has fully
adjudic ated, and its opinion has never
been disturbed.
We quote from Sth N. Y. Reports,
p. IL:
"rhe County Board lin our case
the Common Council-'has no right
to reject return which is regular on
its face and delivered to the proper
officers within the time prescribed by
law"
The duty OF the Common Council is
imper tive in this respect.
Second-The time of opening or
closing the polls is directory.
Quoting again from this decision,
Willard Justice, who renders the
same, with the concurrence Of the
full Court, says:
"The statute in regard TO the OPEN
ing and closing of the polls is simply
directo y. and by no means mandatory
or imperative"
To show more clearly that the hour
of closing the polls is directory.
We quote the following from
Brightly's Leading Cases On Elec-
tions, in the case of the People vs.
| Cook, at page 446, under the caption /:
Trregulari'ics will not yitiate the
poll.n The following excepts are
from the decision of the court: 10
show more clearly that the hour Of
closing the polls is directory, and not
imperative, suppose every voter in the
district had deposited his ballot and
the inspectors should have closed the
poll, although the sun was still an
hour high or suppose they had kept
it open an hour after sun
down, and no vote had been
offered or received; who, in either
case, would have had a right to COM
plain? Not the candidates, surely,
for, with respect to them, the whole
object of opening the polls at all, had
been accomplished. II the irregulari,y
was wilful, the inspectors might, in
deed, be punished by an Indictment;
and this, | apprehend, is the extent OF
the remedy
Again, page 447, "There is nothing
in this principal that holds out the
slightest invitation to disorder at the
polls. Should a g,ng of rowdies gain
possession OF the ballot boxes, dur.
ing or after the closing of
an election before the canvass. and
destroy the whole or portions of the
ballots, or introduce others surrep-
titiously into tho box, SO as 10 render
it impossible to ascertain the number
of genuine ballots, the whole should
be rejected. 1t would, in such case,
be the duty OF the inspectors tocertify
and declare the fact. But the can
vassers, Wifh regular return from the
inspectors before them, Which as fair or
IT'S face, hare 40 right to go behind ii
and prove that its estimates are unre-
liable, by reason of rowdyism at the
polls, or irregularities of the inspec-
tors. They must act upon it as regu-
lar returns, and leave the parties ag-
grieved to their remedy through the
courts of justice"
And again "lt may he safely af-
frmed that if the irregulsrity with re-
spect to the time of opening and clos
ing the polls does not deprive legal
voter OF his right, nor admit a dis
qualified person to vote if it cast no
uncertainty in the result, and has not
been occasioned by the agency of a
parry seeking to derive a benefit
from it, the election will not he dis
turbed under the remedy OF quo AGAR
ranto, the only remedy existing for u
of this character"